Probate services

What is Probate?

The granting of probate is the first step in the legal process of administering the estate of a deceased person, resolving all claims, and distributing the deceased person’s property under a will.

When someone dies, and has a Will then this will identify who the Executors are. They have the responsibility for administering the estate. If you are married and have a Will then in most cases you will not need to go to Probate as everything may be passed to the surviving partner. However, anything solely owned by the deceased person may need ‘Letters of Probate’ to deal with this.

Letters of Probate?

If you are an Executor of a Will and the deceased person has assets which have been left to their beneficiaries it may be that you will need to apply for Probate from the Probate Registry. You must complete a form and pay a fee to enable you to obtain the ‘Letter of Probate’ which is a Court Order confirming that as an Executor you have the courts approval to deal with the winding up of the estate. Once granted then the Executors will need to have the identification confirmed and then they will be able to open an Executors account on behalf of the deceased and then any money can be paid into this account. You will need to be transparent in all your documentation and actions so that the beneficiaries can see clearly what

When someone dies, you will need to know the practicalities of who to contact, and in what order. Funeral Directors, Local authorities, DWP, Housing Benefit etc. This can be a little complicated but we can guide you through the process and help you with obtaining Probate and administering the estate.

Probate when there is no Will

If there is no will (known as dying intestate) the process is more complicated. An application for a grant of letters of administration (an official document, issued by the court, which allows administrators to administer the estate) will need to be made.

The person to whom letters of administration is granted is known as the administrator. The administrator is the person who has the legal right to deal with the affairs of the person who has died, and is determined by a set order of priority. The administrator will usually be a close relative of the person who has died, if there is one. There may be more than one person who has an equal right to do this.

Get started with Probate

We can help apply for letters of probate or assist with existing Probate cases.